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  • The Political Shariah (Qanoon-e-Siyasat): (3) Religious Obligations

    Posted by Umer on October 1, 2020 at 4:53 pm

    الَّذِينَ إِنْ مَكَّنَّاهُمْ فِي الْأَرْضِ أَقَامُوا الصَّلَاةَ وَآتُوْا الزَّكَاةَ وَأَمَرُوا بِالْمَعْرُوفِ وَنَهَوْا عَنْ الْمُنْكَرِ (41:22)

    These believers are those who, if We grant them authority in this land, will be diligent in the prayer and pay zakahand enjoin what is virtuous and forbid what is evil. (22:41)

    This verse of Surah Hajj states that the religious obligations imposed on the collectivity of the Muslims once they attain political authority in a country; These four obligations imposed on Muslims in their collective capacity include establishing the system of salah, disbursing zakah, enjoining maruf and forbidding munkar.

    While obeying this directive of the Quran, as per the sunnah constituted by the Prophet (sws) for establishing salah (the prayer) at the state level:

    1. Muslim citizens shall be bound to say their prayers as an evidence to their belief in Islam.

    2. The address of the Friday prayer shall be delivered by the head of state and he shall lead this prayer in the central congregational (jami) mosque of the capital. The provincial governors shall be entrusted with this job in the provinces, while government representatives shall discharge this duty in the various administrative units.

    Similarly, regarding zakah, the following sunnah was constituted:

    A Muslim citizen who is liable to zakah shall pay the stipulated amount from his wealth, produce and livestock to the government. The government in return, besides other expenditure, shall strive to fulfil the needs of its deprived citizens through this money, reaching out to them before they reach a state where they must come to the government to satisfy their basic needs.

    The Quran says that if Muslims pay this zakah, their rulers cannot impose any other tax on them without their consent:

    فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتُوْا الزَّكَاةَ فَخَلُّوا سَبِيلَهُمْ (5:9)

    So, if they repent, are diligent in the prayer and pay zakah, leave them alone. (9:5)

    For the enjoining of maruf (the good) and the forbidding of munkar (the evil), the Quranic directive is that the state should constitute a group of people which should be entrusted with the responsibility of calling people towards good and forbidding them from evil. The Quran says:

    وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنْ الْمُنْكَرِ وَأُوْلَئِكَ هُمْ الْمُفْلِحُونَ (104:3)

    And from within you should a group be constituted such that it should call towards what is virtuous, enjoin good and forbid evil. And [remember] only [those who make arrangements for this] will attain salvation. (3:104)

    The punishments which have been prescribed for various crimes by the shariah are a corollary of the directive of forbidding evil stated in the above quoted verse. [1]

    It is obvious that in some cases the obligation of forbidding people from evil shall be discharged by exhorting and urging them and in others through the force of law. For the first mode, those in authority have the Friday sermon available to them, which is specifically their prerogative. For the second mode, those in authority have the service of the police department which in a Muslim state is established for this very purpose and works within the jurisdiction specified for it to achieve this objective.

    These are the religious obligations of a state. No doubt, every state has the responsibility to strive for the welfare and prosperity of its people and to maintain peace and defend its frontiers. However, if a state is to be administered by the Muslims, then the Quran demands from them that they should not be indifferent to the responsibilities of being diligent in the prayer, setting up a system of zakah, and enjoining what is good while forbidding what is evil.

    (Javed Ahmed Ghamidi)

    (Translated by Dr. Shehzad Saleem)

    ___________________

    [1].To understand this interpretation of the verse, see the chapter: “The Shariah of Preaching”.

    Umer replied 4 years, 1 month ago 1 Member · 2 Replies
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